SWEN Voile Inc.
Last updated: April 2026
1. Scope
These general terms and conditions apply to the training and local sailing activities offered by SWEN Voile Inc., including in particular:
- sailing and navigation training programs
- day and evening outings
- supervised activities in Quebec
- local programs and packages
Sailing trips and cruises are subject to separate, specific terms and conditions, detailed in Section 13.
Booking and formation of the contract
Any booking constitutes a service request. The contract is only formed once SWEN Voile Inc. confirms the booking and the required payment conditions are met.
SWEN Voile Inc. confirms the booking in writing (email or other electronic means).
3. Payment
Payment is required at the time of booking for all local activities, unless otherwise specified in writing.
No service is guaranteed without full payment or an authorized deposit.
4. Payment and security.
Payments are processed securely through third-party payment providers (Stripe).
SWEN Voile Inc. does not store, access, or retain sensitive payment data (credit card number, CVV, expiration date).
5. Personal data.
SWEN Voile Inc. collects only the information necessary to provide its services:
- first and last name
- email address
- phone number
- booking-related informatio
This data is used exclusively for service management, communication, and administrative follow-up.
No personal data is sold or shared with third parties without consent, except where required by law.
6. Modifications and cancellations by the client (local activities)
Any request for modification or cancellation must be made in writing.
More than 48 hours before the activity:
The client may choose:
- a full refund, or
- a free rescheduling to a later available date.
Less than 48 hours before the activity:
- requests for modification or refund may be refused.
- Exceptions may be applied at the reasonable discretion of SWEN Voile Inc., particularly for serious and justified reasons.
7. Exceptions
Adjustments may be made, in particular in the following cases:
- weather conditions making navigation unsafe.
- instructor absence.
- technical or operational issues preventing the service from being delivered.
In such cases, the provisions of Section 9 apply.
8. Operational decision (safety and weather).
The decision to maintain, modify, or cancel an activity for safety or weather reasons is made by SWEN Voile Inc. or its authorized representative on site.
This decision is based on maritime safety criteria and actual navigation conditions.
9. Cancellation or modification by SWEN Voile Inc.
SWEN Voile Inc. may cancel, postpone, or modify an activity for reasonable grounds, including :
- safety of participants
- weather conditions
- operational or logistical constraints
- instructor unavailability
Activities are offered subject to a minimum of two (2) participants.
When this minimum is not met, SWEN Voile Inc. may cancel or postpone the activity.
In all cases of cancellation by SWEN Voile Inc., the client will be offered, at no additional cost:
- a rescheduling of the activity to a later available date;
- an equivalent activity when available;
- a conversion into a private course with a clearly communicated pricing adjustment, subject to the client’s acceptance prior to confirmation;
- or, if no alternative is accepted, a refund of the amounts paid for the activity in question.
No penalty will be imposed on the client in the event of cancellation by SWEN Voile Inc., subject to any amounts already committed to third-party suppliers where applicable and non-recoverable.
10. Force majeure
In the event of force majeure—defined as an unforeseeable, unavoidable event beyond the control of SWEN Voile Inc. that prevents the execution of the service (including, but not limited to, extreme weather events, government restrictions, accidents, or major emergencies)—the activity may be:
- postponed, or
- canceled with a full or partial refund depending on services already provided or committed.
11. Client absence and lateness
Any delay or absence by the client may result in the loss of the service without obligation of refund.
However, SWEN Voile Inc. may, at its reasonable discretion and subject to availability, offer a rescheduling of the activity when circumstances permit.
12. Consumer Protection (OPC / FICAV)
SWEN Voile Inc. declares that it complies with the applicable obligations set forth in the Consumer Protection Act (Quebec), particularly regarding information disclosure, performance of services, and refunds.
Where applicable, trips may be covered by the Compensation Fund for Customers of Travel Agents (FICAV), in accordance with current regulations.
13. TRAVEL CONTRACT – SAILING CRUISES (FICAV / OPC)
Trips and sailing cruises organized by SWEN Voile Inc. constitute travel services within the meaning of the Consumer Protection Act (Quebec) and, where applicable, are subject to the Compensation Fund for Customers of Travel Agents (FICAV).
Each cruise is subject to a separate and specific travel contract.
13.1 Nature of the Contract
This travel contract constitutes an agreement for sailing and accommodation services aboard a sailboat operated in a maritime environment subject to variable conditions.
The client acknowledges that:
- Maritime navigation involves inherent risks
- itineraries, schedules, and ports of call may vary
- safety takes precedence over the planned itinerary at all times
13.2 Formation of the Contract
The contract is formed only when:
- the booking is confirmed by SWEN Voile Inc.
- a required deposit or payment is received
- a written confirmation is issued
The contract includes:
- planned general itinerary
- description of services
- Financial conditions
- Cancellation conditions
- Operational and safety conditions
13.3 Payment
Unless otherwise specified:
- a non-refundable deposit is required upon booking
- the balance is payable before departure according to the indicated schedule
Any failure to pay may result in the cancellation of the trip without any obligation to provide services.
13.4 Authority of the Captain / Skipper
The Captain or Skipper designated by SWEN Voile Inc. holds exclusive authority regarding navigation and safety on board.
In this capacity, he or she may, at any time:
- modify the itinerary
- delay a departure
- interrupt a navigation
- refuse boarding to a participant for safety reasons
- enforce operational decisions necessary for the safety of the vessel and the persons on board
These decisions are final and binding on all participants.
13.5 Safety and Navigation Conditions
SWEN Voile Inc. reserves the right to modify any aspect of the trip to ensure the safety of participants, the vessel, and the crew.
This includes, but is not limited to:
- itinerary changes
- cancellation or postponement of ports of call
- navigation in different zones
- extended duration at sea or premature return to port
13.6 Weather and Sea Conditions
The client acknowledges that the following conditions may affect the trip:
- high or shifting winds
- thunderstorms and weather systems
- sea state
- notices or directives from maritime authorities
No guarantee of an exact itinerary or schedule can be provided.
13.7 Intervention by Authorities (Coast Guard / Port Authorities / Shipowner)
SWEN Voile Inc. is required to comply at all times with the directives of the relevant authorities, including but not limited to:
- the Canadian Coast Guard
- port authorities
- the shipowner or vessel owner
- any maritime or governmental authority
These directives may result in:
- modification of the itinerary
- Prohibition of navigation
- vessel detention
- change of port or navigation area
In such cases, SWEN Voile Inc. will implement the necessary measures to ensure the safety of participants and will offer, whenever possible, an alternative solution or reasonable compensation based on the services actually rendered and the costs incurred.
13.8 Modification or Interruption of the Trip
SWEN Voile Inc. may modify, interrupt, or shorten a trip for serious reasons, including but not limited to:
- safety
- weather conditions
- Technical failure
- operational constraints
- directives from authorities
In such cases:
- an alternative solution may be offered
- reasonable compensation or a partial refund may be evaluated based on the services actually provided
13.9 Significant Reduction in Services
If a modification results in a significant reduction of the essential services of the trip, the client may be entitled to:
- a partial refund
- or equitable compensation
The evaluation is based on:
- services actually rendered
- costs incurred and non-refundable
- imposed external constraints
13.10 Inherent Risks of Sailing
The client acknowledges that sailing is an activity that is:
- dependent on natural conditions
- subject to frequent operational adjustments
- involving inherent risks despite the safety measures in place
13.11 Denial of Boarding / Removal
SWEN Voile Inc. or the captain may refuse or remove a participant if their behavior or condition:
- compromises safety
- interferes with the smooth progress of the trip
- violates onboard instructions
In such cases, no automatic refund is guaranteed.
13.12 Partner Conditions
Certain services may be provided by third parties (charter companies, marinas, local operators).
These services are subject to their own terms and conditions.
13.13 FICAV
Where applicable, funds paid may be protected by the FICAV in accordance with current regulations.
13.14 Cancellation by the Client
Cancellation terms are specified at the time of booking and may include:
- a non-refundable deposit
- tiered fees based on the cancellation date
- non-recoverable costs from third parties
14. Acceptance and Acknowledgement
Any booking made with SWEN Voile Inc. implies that the client:
- acknowledges having read and understood all applicable general terms and conditions
- accepts these terms and conditions without reservation
- acknowledges the inherent risks of sailing and maritime activities
- accepts that safety and the captain’s decisions prevail over all other operational considerations
For sailing trips and cruises, the client also acknowledges having read the applicable specific travel contract and accepts all of its terms and conditions.